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HAVIS v. STATE

No. 88-1381.

555 So.2d 417 (1989)

Dawson Eugene HAVIS, Appellant, v. STATE of Florida and George L. Carlisle, Clerk of the Circuit Court, Clay County, Appellees.

District Court of Appeal of Florida, First District.

December 20, 1989.

Attorney(s) appearing for the Case

Dawson Eugene Havis, pro se.

Robert A. Butterworth, Atty. Gen., and A.E. Pooser, IV, Asst. Atty. Gen., Tallahassee, for appellees.

ZEHMER, Judge.

Dawson Eugene Havis, acting pro se, appeals the lower court's June 19, 1987, order denying his motion for post-conviction relief, filed pursuant to Fla.R.Cr.P. 3.850, without affording him an evidentiary hearing. The state has now filed an answer brief pursuant to our request. We reverse the order denying Havis's rule 3.850 motion, and remand the cause for an evidentiary hearing.

The record in this case shows that on December 13, 1983, Havis...

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